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Articles 1 - 5 of 5
Full-Text Articles in Law
Reaching Through The “Ghost Doxer:” An Argument For Imposing Secondary Liability On Online Intermediaries, Natalia Homchick
Reaching Through The “Ghost Doxer:” An Argument For Imposing Secondary Liability On Online Intermediaries, Natalia Homchick
Washington and Lee Law Review
Imagine you have decided to run for office, to speak out publicly against an injustice, to enter the job market, or even to join a new online forum. Now, imagine after starting your chosen endeavor, you go online to discover that someone who disagrees with your position posted your personal information on the internet and called for others to harass you. To make matters worse, you realize that you cannot determine who posted your personal data. You have been doxed. Because you cannot identify the person who posted your information, where can you turn for recourse? The next logical party …
Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson
Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson
Washington and Lee Law Review
The United States was founded in part on the principle of freedom of religion, where citizens were free to practice any religion. The founding fathers felt so strongly about this principle that it was incorporated into the First Amendment. The Free Exercise Clause states that “Congress shall make no law . . . prohibiting the free exercise thereof . . . .” The Supreme Court later adopted the neutral principles approach to avoid Free Exercise violations resulting from courts deciding real property disputes. Without the application of the same neutral principles to intellectual property disputes between churches, however, there is …
Patents As Credentials, Jason Rantanen, Sarah E. Jack
Patents As Credentials, Jason Rantanen, Sarah E. Jack
Washington and Lee Law Review
The conventional explanation for why people seek patents draws on a simple economic rationale. Patents, the usual story goes, provide a financial reward: the ability to engage in supracompetitive pricing by excluding others from practicing the claimed technology. People are drawn to file for patents because that is how these economic rewards are secured. While scholars have proposed variations on the basic exclusionary mechanism, and there is a general acknowledgement that patents can affect a firm’s reputation, the actual mechanisms of patents’ effect on individuals — human beings — remains relatively uncharted. In this Article we offer a concrete theory …
Artificial Intelligence And Patent Ownership, W. Michael Schuster
Artificial Intelligence And Patent Ownership, W. Michael Schuster
Washington and Lee Law Review
Invention by artificial intelligence (AI) is the future of innovation. Unfortunately, as discovered through Freedom of Information Act requests, the U.S. patent regime has yet to determine how it will address patents for inventions created solely by AI (AI patents). This Article fills that void by presenting the first comprehensive analysis on the allocation of patent rights arising from invention by AI. To this end, this Article employs Coase Theorem and its corollaries to determine who should be allowed to secure these patents to maximize economic efficiency. The study concludes that letting firms using AI to create new technologies (as …
Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, M. Claire Flowers
Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, M. Claire Flowers
Washington and Lee Law Review
Multiple federal courts have recognized and applied the inevitable disclosure doctrine in cases brought by employers against former employees under the DTSA. The inevitable disclosure doctrine allows a business to temporarily enjoin the new employment of a former employee by a competitor on the theory that the employee learned confidential information while working for that business which the employee cannot possibly forget or refrain from relying on during her employment with the competitor. The application of this doctrine under the DTSA is controversial for two reasons. First, some states refuse to recognize the inevitable disclosure doctrine due, in part, to …